A Bombay High Court bench recused itself from hearing petitions against Maharashtra’s decision to grant Kunbi caste certificates to Marathas. The matter will now be placed before Chief Justice Shree Chandrashekhar’s bench.
Mumbai: The Bombay High Court on Monday refused to hear a set of petitions that challenge the Maharashtra government’s decision to give Kunbi caste certificates to members of the Maratha community.
These certificates would allow Marathas to get reservation benefits under the Other Backward Classes (OBC) category.
There are five petitions in total, filed by different organisations representing OBC groups. The petitioners include the Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanand Mandalik, and Maharashtra Nabhik Mahamandal.
According to them, the Maharashtra government’s move is “arbitrary, unconstitutional, and bad in law” and must be struck down.
The case came before a division bench of Justices Revati Mohite Dere and Sandesh Patil. But right at the beginning of the hearing, Justice Patil said that he would not hear the matter, without giving any specific reason.
Because of this, the entire bench stepped away from the case. Now, the petitions will be taken up in front of the bench headed by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad at a later stage.
The petitioners also argued that the Maharashtra government had changed the criteria for giving caste certificates under three different categories — Kunbi, Kunbi Maratha, and Maratha Kunbi.
They said this new system was “vague” and would create “utter chaos.” In their view, the decision was nothing but a
“backdoor entry of Marathas into the OBC category through a confusing and circuitous method.”
The background of this government decision is linked to the hunger strike by Maratha quota activist Manoj Jarange.
He had gone on a five-day fast at Azad Maidan in Mumbai starting August 29, which drew large crowds and created serious disruptions. Because of the protests, the Bombay High Court even remarked that “the city had been brought to a standstill.”
In response to these protests, the Maharashtra government issued a government resolution (GR) on September 2. This GR relied on entries from the Hyderabad gazetteer.
Under the new system, Marathas who can show historic documents proving Kunbi lineage are allowed to apply for Kunbi caste certificates. The government also formed a special committee to supervise the entire process.
But this move has upset existing OBC communities. They argue that including Marathas in the OBC list would reduce the reservation benefits available to them.
The petitioners have strongly opposed the decision, saying the state government ignored constitutional requirements while issuing the GR. According to them, the resolution is legally weak and cannot be sustained.
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